Brian T. McElroy, Esq.
1991 Crocker Road
Gemini I, Suite 600
Westlake, Ohio 44145
Phone: (440) 892-3334
Fax: (440) 892-3336
Email: btm@mcelroylawllc.com
I have spent my entire legal career helping businesses and individuals throughout Ohio solve their legal problems. I exclusively practice civil litigation; that is suing individuals and/or business who have harmed others or defending individuals and/or businesses who have been sued, with emphasis in the following practice areas:
Business & Commercial Litigation
• Contract Disputes and Breach of Contract
• Securities Litigation, Securities Fraud, and Stockbroker Malpractice
• Shareholder and Partnership DisputesConsumer Protection
• Fair Debt Collection Practice Act Litigation (FDCPA)
• Fair Credit Report Act Litigation (FCRA)
• Ohio Consumer Sales Practices Act Litigation (OCSPA)
Employment Disputes
• Wrongful TerminationInsurance Law
• Insurance coverage and Bad Faith
• Home Owners
• Auto Insurance
• Directors and OfficersPersonal Injury, Bodily Injury, Tort, and Negligence
• Auto Accident
• Defamation – Slander and Libel Litigation
• Slip and FallI have acted as counsel in a number of complex securities cases. My representation has ranged from large to small matters, from allegations involving a $350 million securities class action in federal court to matters involving only a few hundred dollars in small claims court.
Bar Admissions:
• State of Ohio, 2001
• United States District Court for the Northern District of Ohio, 2002
• United State District Court for the Southern District of Ohio, 2003
• United States Court of Appeals for the Sixth Circuit, 2003
Court Opinions:
I have drafted numerous dispositive motions, which resulted in a number of positive Court rulings for my clients.Two Court Opinions of note are:
Lehman v. Detray Investment Group, et al., 2004 WL 147651
(N.D. Ohio 2004)
The Court held that a registered representative could compel NASD arbitration with a customer because the registered representative was an intended third party beneficiary of the customer agreement between the customer and the registered representative’s broker dealer.
Devonshire v. The Johnson Group First Advisors, et al., 338 F.Supp.2d 823 (N.D. Ohio 2004); See also 2004 Lexis 5617 and 300 F.Supp.2d 516.
In a matter of apparent first impression, Chief Judge Carr held that Ohio law requires that a plaintiff pursuing a professional negligence claim against an investment advisor, must present expert testimony regarding an investment advisor’s standard of care.
Education:
Case Western Reserve University School of Law, Cleveland, Ohio
• Juris Doctor, 2001
• Business Law Concentration, with honors
• 2001 NTC Mock Trial Regional Champion and National Competitor
Ohio University, Athens, Ohio
• Bachelor of Arts, 1995, cum laude
• History major, Phi Alpha Theta Honor Society
• Political Science major, Pi Gamma Mu Honor Society
• Political Communication Certificate
Professional Association and Memberships:
• American Bar Association Member
• Ohio State Bar Association Member
• Cleveland Bar Association Member
Community Involvement:
• Olmsted Township, Ohio Board of Zoning and Building Code Appeals Member, 2005 to present
Proudly servicing clients throughout Northeast Ohio, including Cuyahoga County, Lorain County, Medina County, Summit County, Portage County, Geauga County, and Lake County and the cities of Cleveland, Akron, Canton, Youngstown, Toledo, Westlake, Bay Village, Lakewood, Rocky River, North Olmsted, Olmsted Falls, Olmsted Township, Berea, Fairview Park, Parma, Seven Hills, Strongsville, North Royalton, Brunswick, Independence, Brecksville, and Broadview Heights, Shaker Heights, Cleveland Heights, Mentor, Euclid, Beachwood, Bedford, Solon, Mayfield, North Ridgeville, Avon, Avon Lake, Elyria, and Lorain.
